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What is a 'Position Statement' for the FHDRA?
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Position Statement

First Hearing Dispute Resolution Appointment

Question 1 : Why produce a Position Statement for the First Hearing Dispute  Resolution Appointment?

Answer: At Section 5b of the C100 application form, it clearly states 'Do not give a full statement, please provide a summary of any relevant reasons. You may be asked to provide a full statement later'

For good reason, the courts do not want people to submit long statements full of 'allegations' and 'evidence' at this time. Permission is needed to do this and this is usually granted at Fact Finding or Final Hearings, not at the First Directions Hearing.

However, there is a convention for parties to produce a 'Position Statement' for the first hearing. This statement should in concise terms outline a brief overview of your circumstnaces,any interim contact you may be seeking and your general position on what a final order should look like.

The statementdoes not need to be specific or detailed at this stage. This helps the court and Cafcass to assess the current situation and make recommendations and decisions.

Question 2 : When do you serve and exchange your Position Statement?

Answer: It is usually accepted that position statements are taken to court and given to the usher or receptionist for the court on arriving 1 hr before the hearing time. Position statements are usually exchanged with the other side at the same time shortly after arrival.